Someone misuses your trademark?
This means that he or she infringes upon your rights.
Our attorneys can help you to prevent others from damaging the reputation of your mark.
Ready to protect your mark? Contact us!
Trademark infringement happens when someone uses a trademark without a proper permission of the trademark owner, for example, when producing counterfeit products. Trademark infringement is the unauthorized use of a trademark.
How to stop trademark infringement?
There are multiple ways to stop the infringers. The first step is to warn them that you will take legal action if they do not stop the unauthorized use. This is called to send a cease and desist letter. Note, that the letter must be drafted by experienced attorneys as in some countries you can get sued for sending ungrounded threats on Intellectual Property rights.
If the other party continues to infringe upon your rights, you can sue them. That’s when you will definitely need an attorney.
Another option is to file a customs recordal, this is for the cases when the counterfeit products are imported into the country. This will block all import of non-original products.
- Who can transfer the trademark? The original owner (the assignor) or new owner (the assignee) can request the assignment, however, the documents must be signed by representatives of each party. It’s similar to selling a house, without the consent of the original owner the trademark can’t be transferred.
- What is the price? To send the cease and desist letter will cost around 400-500 USD, however, suing the infringer will cost at least US$1000. These processes are usually complex and rather expensive.
- What documents are required? You will have to prove that you are the rightful owner. Therefore, provide certificates of registration of your trademark or any other proofs that you used the mark. These can be photos, scans of invoices, etc.
- How much time does it take? The required time may greatly vary. Ask us for more details.
How to react to the trademark infringement?
TDo you have to react to the trademark infringement? In some countries, you MUST protect your trademark. If you do not defend it, you may lose your registration in the future. Therefore, we strongly recommend that you defend it. Not mentioning that counterfeit products will ruin your brand’s reputation.
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